15-49 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 15-49
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 5.115 ACRES, MORE OR
LESS, SITUATED IN THE J. BATES SURVEY, ABSTRACT NO. 1620, IN THE
TOWN OF PROSPER, DENTON COUNTY, TEXAS, HERETOFORE ZONED
SINGLE FAMILY -10 (SF -10) IS HEREBY REZONED AND PLACED IN THE
ZONING CLASSIFICATION OF PLANNED DEVELOPMENT -40 (PD -40);
DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has
investigated and determined that Zoning Ordinance No. 05-20 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from TVG
Texas I, LLC ("Applicant") to rezone 5.115 acres of land, more or less, situated in the J. Bates
Survey, Abstract No. 1620, in the Town of Prosper, Denton County, Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all
other requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated, The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended
as follows: The zoning designation of the below -described property containing 5.115 acres of
land, more or less, situated in the J. Bates Survey, Abstract No. 1620, in the Town of Prosper,
Denton County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or
adjacent thereto is hereby rezoned as Planned Development -40 (PD -40). The property as a
whole and the boundaries for each zoning classification are more particularly described in
Exhibit "A" attached hereto and incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the statement of intent and purpose,
attached hereto as Exhibit "B"; 2) the planned development standards, attached hereto as
Exhibit "C"; 3) the conceptual development plans, attached hereto as Exhibit "D"; and 4) the
development schedule, attached hereto as Exhibit "E," which are incorporated herein for all
purposes as if set forth verbatim. Except as amended by this Ordinance, the development of
the Property within this Planned Development District must comply with the requirements of all
ordinances, rules, and regulations of Prosper, as they currently exist or may be amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original
records and shall not be changed in any matter.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy and enforcing the
zoning ordinance. Reproduction for information purposes may from time -to -time be
made of the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 6
Severability Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
Ordinance No. 15-49, Page 2
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Savings pealinq1 Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 11TH DAY OF AUGUST, 2015.
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ray Smit , Mayor
Ordinance No. 15-49, Page 3
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EXHIBIT "B"
The purpose of this PD Amendment is to add 5.115 acres of land into the PD -40 zoning
ordinance. This tract was originally left out of the original PD -40 zoning case because it
was owned by other parties.
Ordinance No. 15-49, Page 5
EXHIBIT "C"
Except as otherwise set forth in these development standards, the property, as described in
Exhibit A, shall develop under Ordinance 08-030, as adopted by the Town Council on March 25,
2008, in accordance with Exhibit C, (2.) Single -Family Residential Tract, (e.) Area and building
regulations, (b.) Type B Lots, except as follows:
A. Minimum Lot Size: The minimum lot size for Type B Lots shall be ten thousand
(10,000) square feet. A typical lot will be 70' x 128', but may vary as long as
requirements in Table 1 are accommodated.
Ordinance No. 16-49, Page 6
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EXHIBIT "E"
DEVELOPMENT SCHEDULE
Reeves Tract — a portion of Phases 1C and 2E
5.115 Acres to be added to PD -40
Southeast corner of Fishtrap Road and Windsong Parkway South
Begin Excavation: July 2015
Begin Utilities: September 2015
Begin Paving: December 2015
Town Acceptance of Public Improvements: March 2016
This schedule is subject to change due to various factors beyond the control of developer.
Ordinance No. 15-49, Page 8